Basic Conditions of Employment Act, 1997
R 385
Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 14 : Hospitality Sector, South AfricaPart D : Hours of Work18. Public holidays |
| (1) | An employer may not require an employee to work on a public holiday, except in accordance with an agreement. |
| (2) | If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay— |
| (a) | an employee who does not work on the public holiday, at least the wage that the employee would ordinarily have received for work on that day, |
| (b) | an employee who does work on the public holiday at least double the employee's daily wage. |
| (3) | If an employee works on a public holiday on which the employee would not normally work, the employer must pay the employee an amount equal to- |
| (a) | the employee's daily wage; plus |
| (b) | the employee's hourly wage for each hour worked on the public holiday. |
| (4) | An employer must pay an employee for a public holiday on the employee's normal pay day. |
| (5) | If a shift worked by an employee falls on a public holiday and another day, the whole shift is deemed to have been worked on the public holiday, but if the greater portion of the shift was worked on the other day, the whole shift is deemed to have been worked on the other day. |
| (6) | In accordance with section 2(2) of the Public Holidays Act, 1994 the parties may exchange a public holiday for any other day. |
